Synopsis

Case Information

JAMES McCARTHY, as Executor of the Estate of SUSAN McCARTHY, deceased and JAMES McCARTHY, individually

Claimant short
name:

McCARTHY

Footnote (claimant name)
:

Defendant(s):

THE STATE OF NEW YORK

Footnote (defendant name)
:

Third-party
claimant(s):

Third-party
defendant(s):

Claim number(s):

113700

Motion number(s):

M-76394

Cross-motion
number(s):

CM-76695

Judge:

GINA M. LOPEZ-SUMMA

Claimant’s
attorney:

Pegalis & Erickson, LLCBy: Rhonda L. Meyer, Esq.

Defendant’s
attorney:

Hon. Andrew M. Cuomo, Attorney
GeneralBy: Alisa R. Lebensohn, AAG

Third-party
defendant’s attorney:

Signature date:

November 17, 2009

City:

Hauppauge

Comments:

Official citation:

Appellate results:

See also (multicaptioned
case)

Decision

Pursuant to this Court’s prior Decision and Order filed November 4, 2009,
defendant produced a copy of the relevant Patient Safety Net (PSN) report for an
in camera review by the Court. Briefly, the underlying wrongful death
action sounds in medical malpractice and concerns the allegedly negligent
medical care and treatment rendered to decedent at the Stony Brook University
Hospital during a course of treatment beginning on June 7, 2006 and continuing
through July 31, 2006. Claimant contends, inter alia, that the negligent
medical treatment led to an infection which caused decedent’s death on
July 31, 2006.